Disposed

Shaik Afzal v. The State of Telangana

Telangana HC14 Mar 2022WP/32785/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking mandatory direction to register a sale deed for a semi-finished flat. The order held the matter covered by common orders in related batch petitions. It directed the Sub-Registrar to register the document without referring to specific objection letters but to endorse the registration pending the outcome of a Supreme Court appeal.

What did the court decide?

The Sub-Registrar is directed to register the sale deed without reference to specific objection letters, but must make an endorsement that the registration is subject to the outcome of SLP (Civil) No.

Shaik Afzal Vs The State of Telangana — Property and Title | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD

¶2

(Special Original Jurisdiction)

¶3

[,,4ONDAY, THE FOURTEENTH DAY OF^IV1ARCH TWO THOUSAND AND TWENTY TWO

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE B.VIJAYSEN^REDDY

¶6

WRlT PETITION NO: 32785 OF 2021

¶7

Betwee n:

¶8

1 Shaik Afzal, S/o. Shaik Abdul Kalam,^{aged about 40 years, Occ-Business'} R/o. H. No. 1-7-7781318, Mohan Nagar,^{Ramnagar, Hyderabad - 5000020.}

¶9

2 Seelam Veera Venkata Suneel Kumar,^{S/o. Late.S. Subba Rao, aged about} 35 years, Occ- Employee, R/o.^{Flat No.401, Comfort Castle, PratapRedd} Layout, Nizampet Village, Hyderabad.

¶10

Naga Siva Prasad Yerru, S/o. Chalamaiah, aged about^{36 years, Occ-} Employee, Fl/o. Flat^No. 402, S.V. Nilayam, Vinayaka Nagar^Colony, Nizampet, Hyderabad.

¶11

...PETITIONERS

¶12

AND

¶13

'1 . The State of Telangana, represented by its Principal Secretary,Stamps and Registration Department, Secretariat,^Hyderabad.

¶14

The Sub-Registrar, Quthbullapur^{Mandal, Ranga Reddy District.}

¶15

The Commissioner, and lnspector General^{of Registration and Stamps,} Telangana State.

¶16

The Nizampet Municipal Corporation,^{rep. by its Commissioner,Medchal} Malkajgiri District.

¶17

..,RESPONDENTS

¶18

Petition Under Article 226 of lhe Constitution of lndia^{prayingthat in the} circumstances stated in the affidavit filed therewith, the^{High Court maybe} pleased to issue a Writ or order or direction more^particularly one in the^{nature of} Writ of Mandamus declaring the action of^{the 2nd respondent in refusingto} receive, register and release the sale deed^{presented by the petitioners in} respect of semi finished flat no. 302 in^{3rd floor of SUVANMEADOWS,} constructed on Plot No. 28, in Survey^Nos.160/Part ,^{182lPanand 1S9/Part'} Vasavi Enclave, 3rd Venture situated at^{BachupallyVillage,PragathiNagar'} Bachupally Mandal, Nizampet Municipal Corporation,^{Medchal-Malkajgiri District'} Telangana State on the^grounds of^{(i) Memobearingno.G2125712019 dated} 26.08.2020 issued by the 3rd^{respondentand (ii)letterbearing} no.45/TP/NMC/2019 dated 01t1112019^{issued by the 4th respondentas illegal,}

¶19

arbitrary and contru^-y to the provisions of the Registration Act, 1908 and also contrary to the orde s passed by this Hon'ble Court in W.p.lJo.92.t8 of 2021 and consequently direct he 2nd respondent to receive, reEister,and release the sale deed presented by^.re petitioners in respect of semi finished flat no. 302 in 3rd floor of SUVAN l\l:ADOWS, constructed on Plot No. 2t8, in Survey Nos. 160/Part, 182.lPar1 and 159/Part, Vasavi Enclave, 3rd /enture situated at Bachupally Village, Pragathi Nagar, Bachupally Mandal, \izampet Municipal Corporation, Medchi l-Malkajgiri District, Telangana State without reference to (i) Memo bearing no.G '125712019 dated 26.08.2020 issued by the 3rd respondent and (ii) the letter be, ring no.45/TP/NMC/2019 iced by the 4th resoondent dated 0111112019 as direct rd in W.P.No.9248 of 2021 and prass.

¶20

|.A.NO:1 OF 2021

¶21

Petition Under Section^'1 51 CPC praying that in the ci-cumstances stated in the affidavit filed i support of the petition, the High Court may be pleased to direct the 2nd resp )ndent to receive, register and release the sale deed presented by the peti ioners in respect of semi finished flat no. 302 in 3rd floor of SUVAN MEADOWS, constructed on Plot No. 28, in Suruey Nos. 160/part, l82lPan and-.'1 59/Pr rt, Vasavi Enclave, 3rd Venture situerted at Bachupally Village, Pragathi Nar ap,^g256rpally Mandal, Nizampet Mur icipal Corporaiion, Medchal Malkajgiri l,istrict, Telangana State without refer,:nce to (i) Memo bearing no.G2l25712( 19 dated 26.08.2020 issued by the 3rd "espondent and (ii) the letter bearing n, .45/TP/NMC/2019 issued by the 4th respondent dated 011111201s as directe I in w.P.No.9248 of 2021 forthn,ith pencring disposal of the above writ petition an( pass.

¶22

Counsel for the Petiti rners : SRI.S.SRIDHAR

¶23

Counsel for the Resp, ,ndent Nos.1 to 3 : GP FOR REVENUE

¶24

Counsel for the Respr ndent No.4 : SRI.N.pRAVEEN KUMAR

¶25

The Court made the fc llowing ORDER

¶26

HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

¶27

WRIT PETITION No.32785 OF 2021

¶28

oRpER(ORAL):

¶29

Heard both sides and perused the material on record.

¶30

It is submitted by the leamed counsel on either side that subject matter of this writ petition is squarely covered by the common order passed by this Court in W.P.No.328 of 2022 and batch dated 18.02.2022, as modifiedby the order dated22.02.2022 in I.A.No.2 of 2022 in W.P.No.2985 of 2022 and batch, and therefore, keeping the rnatter pending will not serve any purpose, as such, the same may be disposed of in terrns thereof.

¶31

T_his Court passed interirn order in this writ petition directing the respondents to receive, process, register and release the subject documenVs. However, conditions were imposed that (a) the petitioner/s is/are not permitted to withdraw the writ petition and (b) registration shall be subject to final result of the writ petition.

¶32

. 4. In view of the above, recording the aforesaid submission of the

¶33

II leamed counsel on either side, following the common order dated t 18.02.2022 in W.P. No.328 of 2022 and batch, as modified by the order dated 22.02.2022 ir l.A. No.2 of 2022 n W.P.No.2985 of 2022, in terms thereof, this writ petition is disposed of as under, without any order as to costs:

¶34

(A) If the subject document/s has/trave already been registered and released pursuant to the interim order;

¶35

(i) the document/s registered by the Sub-Registrar shall be subject to outcome of SLP (Civil) No.19695 of 2021 frled by the State Govemment before the Hon'ble Supreme Court; and

¶36

(ii) in case, it is found that there is any violation of law like plots/lands/structures being sold form part of F.T.L. and Buffer ZonelPlots having less than 30 feet road width access, the Sub

¶37

¶38

ReE strar shall make an endorsement^{informing/cautioningthe} pur, hasers that risk is involved in^{purcbaseof such plots;such} tran iactions are hit by^{relevant statutory pr,rvisionr;; that registration} oft e same is subject to^{outcome of ordersof the Hon'bleSupreme} Cor 1 in SLP^(Civil) No.19695 of^{2021. Tc thateffect,an} end 'rsement shall be made in^{the encumbrancerecord, uebsiteetc.}

¶39

(B) If the sul^ject documenVs is/are not yet rogister€:d and released

¶40

pursuant to the in erim orderl

¶41

(i) the respondent - Sub-Registrar is directerl to^I egister^the doc Lment ofsale, transfer^{and gift etc., presented ior registrationby} the cetitioner/s without reference to thc^{VerroNos.G2/25'7 t2019} datt I 26.08.2020 and 29.12.2020^{issuecl by tt.e respondent-the} Cor rmissioner and Inspector^{Generalol' I(egistrationatrd Stamps,} Tel, ngana; Letter No.45/TPNMC/2019^{datedC1.11.2019issued} by the respondent-the Commissioner.^{MunicipalC'orporation,} Niz unpet to the respondent-the Sub^Registrar, Quthbullrrpur,^Ranga Rer Iy District, and similar letters, if^{anv, issued by the various} Mu ricipal Commissioners in the State;

¶42

(ii) he Sub Registrars in the State shall make an endorsement at the revr rse side of the first^page of the^{docrmrent relerredin dircction} No. i) that registration so done is^{subject to outcorneof SLP(Civil)} No. 9695 of 2021 filed by the State^{Govenrment betbre lheHon'ble} Sup eme Court; and

¶43

(iii) in case, it is found that there is any 'rirtlation cf law like^plots i lanr s / structures being sold form^part of^{F.T.L. itnd Btrfler Zone /} Plo ; having less than 30 feet^road widtlt^{access, the Sub Regish'ar} sha make an endorsement informing / cautionitig^{the purchasers} thal risk is involved in purchase of such^{plots;such transactiotrsare} hit 'y relevant statutory provisions; that rcgistration^{of the sameis} sub ect to outcome of orders of the Hon'ble^{Suprt:mc C lurt in SLP} (Ci il) No.19695 of 2021. To that effec.t, an endorsement shall^be lna{ e on the reverse side of the tlrst / seoond^{pagt: of th: docttrncnt} and also in the encumbrance record,^{web:;itc etc.}

¶44

As a sequ rl thereto, miscellaneous^petitions, if any,^{pendingin this}

¶45

writ petition stan I closed.

¶46

SD/.F'.PADN4ANABHA^REDDY /\SSIS'TANT^REGISTRAR //TRUE COPY// t..

¶47

S ECTIO-N^OFFICER

¶48

to .l. ,n" Principal St cretary, Stamps and Registration Department' Secretariat' z. State of^"'* sriln"liJi Telangi^{ii, na orilio'ttupur at Hyderabao'Mandal' Ranga Reddv District'} 3. The^{commissiorer, ffi ffi#;;;6"""i''i} "t Heg'stration^andstamps' Telangana^Statt.

¶49

6",/d-'

¶50